Lawyers, Answer Questions  & Get Points Log In
Colorado Copyright Questions & Answers
2 Answers | Asked in Copyright for Colorado on
Q: How can I register my novel? I live in Colorado.

It is written in Spanish.

John Espinosa
John Espinosa
answered on May 4, 2018

https://www.copyright.gov/registration/literary-works/index.html

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: What kind of Permission do I need to use a song as the outline of my novel?

I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 23, 2018

An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.

1 Answer | Asked in Copyright for Colorado on
Q: Can a church aka non-profit use copyright material under the Fair Use Act? I'm getting mixed answers.

Copyright material would include a brief video clip, a painting or a photo image.

Benton R Patterson III
Benton R Patterson III
answered on Mar 27, 2018

It depends on how much of the content is used, the context of the use, and the original work. A copyright attorney would need to review your proposed work and the original work to determine if the new work is protected by fair use. Nonprofits are not automatically exempt from copyright... View More

1 Answer | Asked in Trademark and Copyright for Colorado on
Q: I'd like to reuse my published freelance articles for another site. Can I do that or is it plagiarism?

I started writing freelance for a company that paid $50/article through paypal. However, I never signed any contract stating copyright laws or even a contract saying they would continue to pay me. It was all through email and phone calls. Because I didn't sign a contract, I'd like to... View More

Benton R Patterson III
Benton R Patterson III
answered on Jan 12, 2018

If you truly have no agreement with them covering the terms of your work, its fine to use your articles for different purposes. Before selling the articles, be sure that there are no terms restricting your rights. There may be a terms of use page or online agreement that you agreed to by... View More

1 Answer | Asked in Copyright for Colorado on
Q: I want to upload my original paid for copy of a digital book to my website and allow others to only view it.Is this ok?
Will Blackton
Will Blackton
answered on Dec 8, 2017

If you're the author of the book and have retained all intellectual property interests in the writing, that's okay. If someone else is the author and you don't have a license to reproduce and display the book for that purpose, that's not okay.

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: Copyright troll lawsuit was voluntarily dismissed without prejudice. Can I start deleting files off my hard drive now?

Received a letter from their lawyer asking to settle and warning me not to delete anything on my computer. Last month he filed voluntarily dismissal without prejudice.

Benton R Patterson III
Benton R Patterson III
answered on Nov 15, 2017

Probably so, but it would be best have an attorney review what you received from the copyright owner's attorney. A dismissal without prejudice means that the suit may be filed again.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on
Q: I'm looking for the "Potty Rider" patent

The website is vague but says it has a US patent. I have a slimier design but need to be sure im not violating any patent laws

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 15, 2017

You can check the USPTO website. Be aware that the PTO may not list all pending patents.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I have a collection of Old Farmer's Almanacs from the mid to late 1800s and I'm interested in selling reproductions.

My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 29, 2017

There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents).... View More

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I am photo blogger. Is it legal for the company to keep republishing my work without my consent or additional pay?

I have a contract with them that states they may republish "as mutually agreed upon from time to time, as evidenced by an email." I have never once been consulted about them republishing my work. Otherwise, I would have said no, or asked for more money.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 4, 2017

As a copyright holder you have the right to restrict republishing. The contract you signed may have impacted this right.

You will need to contact a lawyer directly to review the contract and the unauthorized use.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: Can I use trademark Masha and the Bear to name my cafe?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 11, 2017

Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand... View More

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on
Q: I live in the state of CO, and person 2 lives in CA. Person 2 is 15 years old. Is it illegal to commission art from him?

I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 9, 2017

There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any... View More

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: Can I make and market a food product from a published cookbook?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 22, 2016

Without directly reviewing the exact intended use and all surrounding situations, I cannot make a full assessment, but I can provide general guidance. Cookbooks are unusual copyright materials because large portions of the book are uncopyrightable. Specifically the list of ingredients and general... View More

1 Answer | Asked in Copyright for Colorado on
Q: I purchased a beat exclusively from a producer, And he will not remove it offline

even tho I have the full ownership now,What Should or could I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 14, 2016

Assuming you have a valid contract and valid contractually assignment of licensed copyright, you can bring (or threaten to bring) suit for either or both copyright violations or contractual breach. A lawyer would need to review the copyright assignment agreement to see what rights were transferred... View More

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: I'm writing a book, and want to title it Damsel in Defense. How can I find out if this term is trademarked?

I am self publishing through Kindle Direct, and do not want to break any copyright laws. I have heard of a company called Damsel in Defense, but wasn't sure if I could still use the terminology for my title.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Aug 13, 2016

Copyright and trademarks are two different types of intellectual property protection vehicles. Copyrights cover the text (and any images) of the book, while trademarks cover the title and some brand-related images/designs. Here is the link to the USPTO for a trademark search:... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.